Car Accident Lawsuit: What is An Injury Claim Really Worth?

A New York personal injury lawsuit filed by a pedestrian, who suffered fractures after he was hit by a car, settled for $700,000. Another Bronx County car accident lawsuit forced the insurance company to pay $850,000 in a mediated settlement. In 2008, a New York court awarded a whopping $32.7 million in damages to a 60-year-old veteran injured in a car accident. A head-on car collision personal injury case led to $22 million in compensation in favor of the plaintiff.

Have you or any of your loved ones been injured in a New York car accident and are wondering how much compensation your personal injury lawsuit can get? The state law provides for personal injury claims via tort litigation and you can seek wide-ranging compensation for injuries sustained due to someone else’s rash and negligent driving. The compensation amount depends on a number of factors. Marvin A. Cooper, P.C. has been helping those injured in car accidents successfully file personal injury claims in the Bronx, Brooklyn, White Plains, New Rochelle, and Yonkers, as well as throughout the counties of Westchester, Queens, New York, Rockland, and Nassau.

Types of Damages

Compensation is referred to as damages in the legal parlance. You can seek damages for injury suffered, the loss of property, emotional suffering, and wage loss. As a victim, you have the right to file for these damages, which will then be agreed upon by the insurance companies and parties either in a settlement or after a court trial.

There are two types of damages awarded in New York car accident lawsuits – compensatory damages and punitive damages.

Compensatory damages for car accident injury

Compensation in case of a personal injury lawsuit refers to the amount awarded to compensate for or reimburse the financial loss caused by the injuries sustained. Thus, compensatory damages include both economic and non-economic damages.

For example, it covers economic damages, such as medical bills, out-of-pocket expenses, loss of wage and earning capacity, and financial valuation of the property damaged in the accident. It also includes non-economic damages, such as loss of enjoyment of life, pain, inconvenience, distress, disability, physical constraints, and suffering caused by the injuries sustained.

Punitive damages for car accident injury

Punitive damages refer to the financial cost imposed on the defendant for his conduct. Its main objective is to award exemplary punishment and deter any such grievous act in the future. This is awarded in addition to compensatory damages and the amount of award varies depending on the liability of the defendant.

No-Fault Claim in New York

New York is a no-fault state. This means any personal injury lawsuit following a car accident must be filed seeking economic damages as per the insured’s personal insurance protection.

However, the state law allows an injured person to file a claim outside his personal protection coverage under certain circumstances and seek compensation from the at-fault driver. It has set a threshold of serious injuries and a victim of a car accident with any such injury can start a tort claim against the at-fault driver for non-economic damages. According to the serious injury clause, anyone with the following injuries can pursue a claim against the at-fault driver.

• Fracture
• Disfigurement
• Permanent injury to a body part or restrictions on using it.
• A significant limitation on body functionality.
• Disability for 90 days or more.

If you have questions related to motor vehicle accidents in New York or you have a personal injury claim, get in touch with Marvin A. Cooper, P.C. at (914) 809-9945 for a free, no-obligation consultation.